Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-03-30

GU had better keep still. and everybody,
nd 1t will be all right" 6
Q-Did you say to him anything with
egard to Henry Peters, or what your
vie had said, aud Ii Sd, what! Go ]
light ON and state what yon told the
Arensoorf Your vile bad said. !
A-That my name was mentioned IN the
that Ryan seen me, and this thing
would have TO come out. and for me to
tell ArensdoIi not to send Peters away, !
DE- any one ellie that Was up there that
evening.
Q-What did he ssy TO it? A-He
said all right; he wouldn't send anybody
away.
Here the direct examination ended
and
THE CROSS EXAMINATION,
by Argo, began, and con-
rapidly for two hours anda half.
1t continued, perhaps, longer than the
direct examination and covered a vide
range of questions, relating, however,
manly to subject matter of the latter.
In large part, 1t elicited r~eafirmations
of the foregoing statements, which need
not be repeated. 1t may be stated,
generally, and not as recovering all the
details of the questioning, that the
foundation was laid, notably in reference
to Leavitt's testimony before the %ooron-
er's and the grand jury, and in his CON
fession and in other alleged declar atoms,
for impeaching him.
To the cross-examiner the the witness
stated that while his professional name
as an actor is FL. l.. Leavitt, his real
name is Herman Levy, and went into an
elaborate account of his career as an
actor and theatrical manager, showing
that had travelled extensively. Among
o multitude OF the questions were the
following:
Q-You made that statement under
oath, did you? Ayes, slr.
OFT was sworn to? Ayes, sir.
Q-Before what notary public or
officer? A-Before o notary public in
Chicago.
Q-Who was present OF the time the
statement was made? A-Frank Bill,
of the Tribune, and ID. w. Wood.
G-Did you know that there was q
warrant for your arrest at that time?
A-Well, there might have been. l didn't
exactly know whether there was or not.
/ thought there was.
Q-Was you called before the coroner's
jury more than one time?. A-Ihat is
all.
Q-Was you sworn as Q witness before
the coroner's jury? A-Yes, sir.
Q-You were under oath when You
made the statement before the c%oroner's
Jury? A-Yes, Sir.
Odd you not state as a witness be-
fore the coroners Jury, that it was half
past 9 when you left Cochran's place?
A-At the coroner's jury?
Q-Yes, sir. Al might have stated
it at the coroner's jury, yes. Sir.
Q-When you were before the coro-
ner's Jury you did not testify that MI.
Arensdorf was present at that private
injecting, did you? Alt the c%oroner's
fury | didn't say who was there, and
told them I didn't recognize anybody.
Q-You testified on that same ques-
ton before the grand jury, did you not.
when you were called there as q witness ?
A-At the grand jury?
Odd You testify before the grand
ljury that John A%rensdorf was there at
that meeting? Al believe / did. If
they asked me Ibid.
Q--The question 10, did you SO testify
there. Al think / did. .
Q-Didh't you testify before the grand
jury az follows: That Simonson said
} swat a minute,'' and that Munchrath,
. ljr.. Treiber. Plath, Simonson aud my,
. self and q man with q beard remained !
A-Yes, l remember that l did. And
. Mr.. Quincy, when he was writing it down
! said 1t was not necessary to get the
whole thing right down, he wanted just
an outline of it then and gave 1t to
> him.
n Odd you sign any paper or book al
. the saloonkeepers' union that evening
: A-At the second meeting? No sir.
IH n - III -, nsr,n anu hnnE mr. nnnnv
! at the FIRST meeting2 A--Only in re-
gard to that name. 1 amt certain who
signed it. whether me or Fred MUNICH
rath.
=. Q-Isn't it true you undertook to tel
: the truth before the %eoroner's Jury? A
mo cir.
Q-What? Al did not try to tel
! the truth there.
i. Q-You we're under oath then? Al
was.
Il Q-Did you not try to tell the truth
: Al lied there; had to.
Q-You perjured yourself before the
: ~coroner's jury? Ayes, sir; as q mans
life was in danger to say anything there
Q-And the time you were before the
grand jury you say you testified that i
9 was Peters, Trieber and Munchrath tina
got into the hack? Al did say 80.
Q-And now you say il was Peters
. Trieber, Plath and yourself. Ayes
/ was mol sure of that fourth, and ]
), don't know whether it was Munchrath OF
: Plath, and don't yet
Q-You have made q statement upor
that same subject in your confession, die
/ you not, the one you made under oath
: Al might. / will say l am Ignorant
! of the fourth party yeta
III Q-Didn'tyou STATEN your confession
4 unues cath as follows: .tArensdor
!, started towards Mr.. Handbook and CAM
i up in front of him anu looked HIM III tn,
face; that he threw up his hand in iron
of Haddock pulled something from hi
pocket and struck Arensdorf?' Al,
!. had something in his hand and struck.
i'll Q-Answer the question yee or no
Did you make that statement? A.,
; might have made the statement meaning
/ all the same meanings. !.
81 Odd you sign an instrument tina
contained the statement ! have read K
you? Ayes.
Q-You swore TO that instrument
A-Yes.
Q-Do you recoIlect making Q state
9 ment to John Martin ..thatthese follows
? meaning the saloon men in Sioux City
! have no nerve. They ought to go ant
kill some of those ---, and that woull
Q settle it?" Do you recollect making
. that statement to Martini Al neve!
made such q statement, sir.
II go 49, -